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IN THE MATTER OF RUSSELL PROUT, Petitioner, v. DAVID HURBURT, as Correction Officer at Great Meadow Correctional Facility, et al., Respondents.

MEMORANDUM AND JUDGMENT

The detailed misbehavior report and evidence confiscated from petitioner's cell, together with petitioner's admissions at the hearing, provide substantial evidence to support the determination finding him guilty of violating the prison disciplinary rules which prohibit inmates from possessing escape materials, possessing material relevant to creating explosives and contraband (see, Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966). Notwithstanding petitioner's assertion that the catalogues from which petitioner allegedly obtained the escape material and recipes for the explosives were permitted into the facility, the disciplinary rules nevertheless clearly prohibit such material (see, 7 NYCRR 108.13, 117.10; see, e.g., Matter of Sieteski v. Dibiase, 242 A.D.2d 753). Petitioner's remaining contentions, having not been raised at the disciplinary hearing or on administrative appeal, have not been preserved for our review and we decline to address them (see, Matter of Giraldi v. Selsky, 253 A.D.2d 933).

Crew III, J.P., Spain, Carpinello, Graffeo and Mugglin, JJ., concur.

ADJUDGED that the determination is confirmed, without costs, and petition dismissed.

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MATTER OF PROUT v. HURBURT
(Dec 9, 1999)